Hannon v. Hounihan
Supreme Court of Virginia
Appeal from decree of circuit court of Augusta county, entered on the 24th of June, 1886, in the suit wherein John Hounihan and others were complainants, and the appellants, Patrick Han-non, Cornelius Hannon, John O’Niel, Michael Gilmartin and Mary, his wife, James Daley, Isaac Daley, Ann Daley and Nicholas Daley, the last three being infants, were defendants. The object of the suit was to quiet the title to a certain house and lot in the city of Staunton.
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Appeal from decree of circuit court of Augusta county, entered on the 24th of June, 1886, in the suit wherein John Hounihan and others were complainants, and the appellants, Patrick Han-non, Cornelius Hannon, John O’Niel, Michael Gilmartin and Mary, his wife, James Daley, Isaac Daley, Ann Daley and Nicholas Daley, the last three being infants, were defendants. The object of the suit was to quiet the title to a certain house and lot in the city of Staunton. The complainants claimed the property as devisees of Rosanna Hannon. The defendants claimed it as the heirs of James Han-non, deceased.…
1Opinion of the CourtRichardson, J.
(after stating the case), delivered the opinion of the court.
We come now to consider the several points involved in this appeal. It is undeniable that the evidence positively proves that the appellants were, at the time of the death of James Hannon, the nearest of his blood kindred, and that Patrick was a naturalized citizen, and John O’Mel and his sister, Mary G-ilmartin, children of Johanna, who was not naturalized, were born in the State of Illinois, and were in being at the time of the death of James Hannon. And it is clear that they were capable to take, as his lawful heirs, any property…
2Cases cited4 opinions
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
- Hope v. Norfolk & Western RailroadSupreme Court of Virginia · 1884
- Caperton v. GregorySupreme Court of Virginia · 1854
- Layne v. Norris' adm'rSupreme Court of Virginia · 1861
3Cited by23 opinions
- T v. TSupreme Court of Virginia · 1976
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Jesser v. Armentrout's Ex'orSupreme Court of Virginia · 1902
- Pittman v. PITTMANSupreme Court of Virginia · 1968
- Foy v. WellbornSupreme Court of Alabama · 1895
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